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AN ACT
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relating to changing the name of the Office of Rural Community |
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Affairs to the Texas Department of Rural Affairs. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 12.040(f), Agriculture Code, is amended |
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to read as follows: |
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�������(f)��The department shall consult with the Texas Department |
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[Office] of Rural [Community] Affairs to establish parameters for |
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certification of rural communities under this section. |
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�������SECTION�2.��Section 38.060(a), Education Code, is amended to |
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read as follows: |
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�������(a)��This section applies only to a school-based health |
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center serving an area that: |
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�������������(1)��is located in a county with a population not |
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greater than 50,000; or |
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�������������(2)��has been designated under state or federal law as: |
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�������������������(A)��a health professional shortage area; |
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�������������������(B)��a medically underserved area; or |
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�������������������(C)��a medically underserved community by the |
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Texas Department [Office] of Rural [Community] Affairs. |
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�������SECTION�3.��Sections 51.918(a) and (c), Education Code, are |
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amended to read as follows: |
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�������(a)��The Texas Higher Education Coordinating Board, the |
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Texas Department [Office] of Rural [Community] Affairs, medical |
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schools, nursing schools, and schools of allied health sciences |
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shall cooperate to improve and expand programs for rural areas. |
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�������(c)��The Texas Department [Office] of Rural [Community] |
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Affairs shall develop relief service programs for rural physicians |
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and allied health personnel to facilitate ready access to |
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continuing medical education as well as to provide practice |
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coverage for purposes other than continuing medical education. |
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�������SECTION�4.��Section 58.007(b)(1), Education Code, is amended |
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to read as follows: |
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�������������(1)��The Primary Care Residency Advisory Committee is |
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created and shall consist of 12 members as follows: |
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�������������������(A)��seven members shall be licensed physicians, |
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one appointed by each of the following: |
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�������������������������(i)��the Texas Medical Association; |
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�������������������������(ii)��the Texas Osteopathic Medical |
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Association; |
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�������������������������(iii)��the Texas Academy of Family |
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Physicians; |
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�������������������������(iv)��the Texas Society of the American |
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College of Osteopathic Family Physicians; |
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�������������������������(v)��the Texas Society of Internal Medicine; |
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�������������������������(vi)��the Texas Pediatric Society; and |
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�������������������������(vii)��the Texas Association of |
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Obstetricians and Gynecologists; |
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�������������������(B)��one member shall be appointed by the Texas |
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Department [Office] of Rural [Community] Affairs; |
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�������������������(C)��one member shall be appointed by the Bureau |
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of Community Oriented Primary Care at the [Texas] Department of |
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State�Health Services; and |
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�������������������(D)��three members shall be members of the public, |
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one appointed by each of the following: |
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�������������������������(i)��the governor; |
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�������������������������(ii)��the lieutenant governor; and |
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�������������������������(iii)��the speaker of the house of |
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representatives. |
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�������SECTION�5.��Section 61.0899, Education Code, is amended to |
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read as follows: |
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�������Sec.�61.0899.��ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN |
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REIMBURSEMENT AND STIPEND PROGRAMS. The board shall, in |
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cooperation with the Texas Department [Office] of Rural [Community] |
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Affairs and the department's [office's] advisory panel established |
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under Section 487.552, Government Code, ensure that the board seeks |
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to obtain the maximum amount of funds from any source, including |
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federal funds, to support programs to provide student loan |
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reimbursement or stipends for graduates of degree programs in this |
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state who practice or agree to practice in a medically underserved |
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community. |
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�������SECTION�6.��Section 403.1065(c), Government Code, is amended |
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to read as follows: |
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�������(c)��The available earnings of the fund may be appropriated |
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to the Texas Department [Office] of Rural [Community] Affairs for |
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the purposes of Subchapter H, Chapter 487. |
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�������SECTION�7.��Section 405.021(c), Government Code, is amended |
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to read as follows: |
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�������(c)��The secretary of state shall compile information |
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received from the Texas Department [Office] of Rural [Community] |
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Affairs, the Texas Water Development Board, the Texas |
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Transportation Commission, the Texas Department of Housing and |
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Community Affairs, the Department of State Health Services, the |
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Texas Commission on Environmental Quality, the Health and Human |
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Services Commission, the Texas Cooperative Extension, councils of |
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governments, an institution of higher education that receives |
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funding from the state for projects that provide assistance to |
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colonias, and any other agency considered appropriate by the |
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secretary of state for purposes of the classification system. |
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�������SECTION�8.��The heading to Chapter 487, Government Code, is |
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amended to read as follows: |
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CHAPTER 487. TEXAS DEPARTMENT [OFFICE] OF RURAL |
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[COMMUNITY] AFFAIRS |
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�������SECTION�9.��Section 487.001, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.001.��DEFINITIONS. In this chapter: |
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�������������(1)��"Board" means the board of the Texas Department |
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[Office] of Rural [Community] Affairs. |
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�������������(2)��"Department" ["Office"] means the Texas |
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Department [Office] of Rural [Community] Affairs. |
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�������SECTION�10.��Section 487.002, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.002.��SUNSET PROVISION. �The Texas Department |
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[Office] of Rural [Community] Affairs is subject to Chapter 325 |
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(Texas Sunset Act).��Unless continued in existence as provided by |
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that chapter, the department [office] is abolished and this chapter |
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expires September 1, 2013. |
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�������SECTION�11.��Section 487.021(a), Government Code, is amended |
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to read as follows: |
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�������(a)��The board is the governing body of the department |
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[office]. |
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�������SECTION�12.��Sections 487.022(b) and (c), Government Code, |
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are amended to read as follows: |
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�������(b)��A person may not be a member of the board and may not be a |
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department [an office] employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.) and its subsequent amendments, if: |
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�������������(1)��the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of rural |
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affairs; or |
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�������������(2)��the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of rural |
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affairs. |
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�������(c)��A person may not be a member of the board or act as the |
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general counsel to the board or the department [office] if the |
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person is required to register as a lobbyist under Chapter 305 |
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because of the person's activities for compensation on behalf of a |
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profession related to the operation of the department [office]. |
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�������SECTION�13.��Section 487.023(b), Government Code, is amended |
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to read as follows: |
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�������(b)��The training program must provide the person with |
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information regarding: |
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�������������(1)��the legislation that created the department |
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[office]; |
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�������������(2)��the programs, functions, rules, and budget of the |
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department [office]; |
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�������������(3)��the results of the most recent formal audit of the |
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department [office]; |
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�������������(4)��the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest; and |
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�������������(5)��any applicable ethics policies adopted by the |
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department [office] or the Texas Ethics Commission. |
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�������SECTION�14.��Section 487.025, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.025.��DIVISION OF RESPONSIBILITY. �The board shall |
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develop and implement policies that clearly separate the |
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policy-making responsibilities of the board and the management |
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responsibilities of the executive director and staff of the |
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department [office]. |
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�������SECTION�15.��Section 487.026(a), Government Code, is amended |
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to read as follows: |
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�������(a)��The board may hire an executive director to serve as the |
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chief executive officer of the department [office] and to perform |
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the administrative duties of the department [office]. |
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�������SECTION�16.��Section 487.027, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.027.��PUBLIC HEARINGS. �The board shall develop and |
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implement policies that provide the public with a reasonable |
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opportunity to appear before the board and to speak on any issue |
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under the jurisdiction of the department [office]. |
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�������SECTION�17.��Section 487.028(b), Government Code, is amended |
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to read as follows: |
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�������(b)��The policy statement must include: |
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�������������(1)��personnel policies, including policies relating |
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to recruitment, evaluation, selection, training, and promotion of |
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personnel, that show the intent of the department [office] to avoid |
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the unlawful employment practices described by Chapter 21, Labor |
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Code; and |
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�������������(2)��an analysis of the extent to which the composition |
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of the department's [office's] personnel is in accordance with |
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state and federal law and a description of reasonable methods to |
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achieve compliance with state and federal law. |
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�������SECTION�18.��Section 487.030, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.030.��COMPLAINTS. (a) �The department [office] |
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shall maintain a system to promptly and efficiently act on |
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complaints filed with the department [office].��The department |
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[office] shall maintain information about parties to the complaint, |
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the subject matter of the complaint, a summary of the results of the |
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review or investigation of the complaint, and its disposition. |
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�������(b)��The department [office] shall make information |
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available describing its procedures for complaint investigation |
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and resolution. |
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�������(c)��The department [office] shall periodically notify the |
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complaint parties of the status of the complaint until final |
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disposition. |
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�������SECTION�19.��Section 487.031, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.031.��USE OF TECHNOLOGY. �The board shall implement |
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a policy requiring the department [office] to use appropriate |
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technological solutions to improve the department's [office's] |
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ability to perform its functions.��The policy must ensure that the |
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public is able to interact with the department [office] on the |
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Internet. |
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�������SECTION�20.��Section 487.032, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.032.��NEGOTIATED RULEMAKING AND ALTERNATIVE |
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DISPUTE RESOLUTION PROCEDURES. (a) �The board shall develop and |
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implement a policy to encourage the use of: |
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�������������(1)��negotiated rulemaking procedures under Chapter |
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2008 for the adoption of department [office] rules; and |
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�������������(2)��appropriate alternative dispute resolution |
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procedures under Chapter 2009 to assist in the resolution of |
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internal and external disputes under the department's [office's] |
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jurisdiction. |
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�������(b)��The department's [office's] procedures relating to |
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alternative dispute resolution must conform, to the extent |
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possible, to any model guidelines issued by the State Office of |
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Administrative Hearings for the use of alternative dispute |
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resolution by state agencies. |
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�������(c)��The board shall designate a trained person to: |
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�������������(1)��coordinate the implementation of the policy |
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adopted under Subsection (a); |
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�������������(2)��serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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�������������(3)��collect data concerning the effectiveness of those |
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procedures, as implemented by the department [office]. |
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�������SECTION�21.��Section 487.051, Government Code, as amended by |
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Chapters 560 (S.B. 1440) and 1241 (H.B. 2542), Acts of the 80th |
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Legislature, Regular Session, 2007, is reenacted and amended to |
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read as follows: |
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�������Sec.�487.051.��POWERS AND DUTIES. �(a) �The department |
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[office] shall: |
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�������������(1)��assist rural communities in the key areas of |
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economic development, community development, rural health, and |
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rural housing; |
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�������������(2)��serve as a clearinghouse for information and |
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resources on all state and federal programs affecting rural |
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communities; |
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�������������(3)��in consultation with rural community leaders, |
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locally elected officials, state elected and appointed officials, |
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academic and industry experts, and the interagency work group |
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created under this chapter, identify and prioritize policy issues |
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and concerns affecting rural communities in the state; |
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�������������(4)��make recommendations to the legislature to address |
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the concerns affecting rural communities identified under |
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Subdivision (3); |
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�������������(5)��monitor developments that have a substantial |
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effect on rural Texas communities, especially actions of state |
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government, and compile an annual report describing and evaluating |
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the condition of rural communities; |
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�������������(6)��administer the federal community development |
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block grant nonentitlement program; |
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�������������(7)��administer programs supporting rural health care |
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as provided by this chapter; |
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�������������(8)��perform research to determine the most beneficial |
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and cost-effective ways to improve the welfare of rural |
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communities; |
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�������������(9)��ensure that the department [office] qualifies as |
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the state's office of rural health for the purpose of receiving |
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grants from the Office of Rural Health Policy of the United States |
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Department of Health and Human Services under 42 U.S.C. Section |
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254r; |
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�������������(10)��manage the state's Medicare rural hospital |
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flexibility program under 42 U.S.C. Section 1395i-4; |
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�������������(11)��seek state and federal money available for |
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economic development in rural areas for programs under this |
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chapter; [and] |
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�������������(12)��in conjunction with the Department of |
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Agriculture, regularly cross-train department [office] employees |
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with employees of the Department of Agriculture regarding the |
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programs administered and services provided by each agency to rural |
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communities; and |
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�������������(13)�[(11)]��work with interested persons to assist |
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volunteer fire departments and emergency services districts in |
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rural areas. |
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�������(b)��The department [office] may require department [office] |
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employees who work at locations other than the central office to be |
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based in Department of Agriculture offices. |
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�������SECTION�22.��Section 487.053(a), Government Code, is amended |
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to read as follows: |
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�������(a)��The department [office] may accept gifts, grants, and |
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donations from any organization for the purpose of funding any |
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activity under this chapter, and the department [office] shall |
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actively seek funding from appropriate nonprofit foundations. |
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�������SECTION�23.��Section 487.054(a), Government Code, is amended |
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to read as follows: |
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�������(a)��At least once each year, the following agency heads or |
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their designees shall meet in Austin to discuss rural issues and to |
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provide information showing the impact each agency has on rural |
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communities for use in developing rural policy and compiling the |
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annual report under Section 487.051(a)(5)�[487.051(4)]: |
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�������������(1)��the commissioner of agriculture; |
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�������������(2)��the executive director of the Public Utility |
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Commission of Texas; |
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�������������(3)��the director of the Texas Agricultural Extension |
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Service; |
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�������������(4)��the executive director of the Texas Department of |
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Housing and Community Affairs; |
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�������������(5)��the commissioner of the Department of State Health |
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Services; |
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�������������(6)��the executive administrator of the Texas Water |
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Development Board; |
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�������������(7)��the executive director of the Parks and Wildlife |
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Department; |
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�������������(8)��the commissioner of higher education; |
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�������������(9)��the comptroller; |
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�������������(10)��the executive director of the Texas Department of |
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Transportation; |
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�������������(11)��the executive director of the Texas Commission on |
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Environmental Quality; |
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�������������(12)��the executive director of the Texas Economic |
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Development and Tourism Office; |
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�������������(13)��the commissioner of insurance; |
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�������������(14)��the commissioner of the Department of Aging and |
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Disability Services; |
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�������������(15)��the commissioner of education; |
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�������������(16)��the executive commissioner of the Health and |
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Human Services Commission; |
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�������������(17)��the executive director of the Texas Workforce |
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Commission; |
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�������������(18)��the executive director of the Texas Historical |
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Commission; |
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�������������(19)��a member of the Railroad Commission of Texas; |
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�������������(20)��the executive director of the State Soil and |
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Water Conservation Board; |
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�������������(21)��the executive director of the department |
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[office]; and |
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�������������(22)��the head of any other agency interested in rural |
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issues. |
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�������SECTION�24.��Section 487.0541(c), Government Code, is |
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amended to read as follows: |
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�������(c)��The work group shall meet at the call of the executive |
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director of the department [office]. |
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�������SECTION�25.��Section 487.056, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.056.��REPORT TO LEGISLATURE. (a) �Not later than |
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January 1 of each odd-numbered year, the department [office] shall |
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submit a biennial report to the legislature regarding the |
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activities of the department [office], the activities of the Texas |
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Rural Foundation, and any findings and recommendations relating to |
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rural issues. |
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�������(b)��The department [office] shall obtain information from |
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each county about indigent health care provided in the county and |
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information from each university, medical school, rural community, |
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or rural health care provider that has performed a study relating to |
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rural health care during the biennium. The department [office] |
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shall include the information obtained under this subsection in the |
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department's [office's] report to the legislature. |
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�������(c)��The department [office] shall obtain information on the |
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availability of housing in rural communities throughout the state |
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for all income levels.��The department [office] shall include the |
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information, and the department's [office's] assessment of the |
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information, in the department's [office's] report to the |
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legislature. |
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�������SECTION�26.��Section 487.057, Government Code, is amended to |
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read as follows: |
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�������Sec.�487.057.��RURAL HEALTH WORK PLAN. (a) �The department |
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[office] shall develop, implement, and update a rural health work |
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plan. |
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�������(b)��The department [office] shall submit the rural health |
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work plan to the board for approval.��The board shall approve the |
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rural health work plan not later than August 1 of each odd-numbered |
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year. |
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�������(c)��The department [office] shall work with health care |
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providers, rural communities, universities, and all health and |
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human service related state agencies to develop the rural health |
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work plan. The department [office] shall solicit public comment on |
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the rural health work plan. |
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�������(d)��The rural health work plan must identify: |
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�������������(1)��the mission, goals, and objectives of how the |
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department [office] will work to assist rural communities in |
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meeting rural health care needs; |
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�������������(2)��ways for the state to effectively and creatively |
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address the unmet health care needs of rural communities; |
�
|
�������������(3)��ways to coordinate the administration and delivery |
�
|
of rural health care service with federal, state, and local public |
�
|
and private programs that provide similar services; and |
�
|
�������������(4)��the department's [office's] priorities to |
�
|
accomplish the objectives of the plan. |
�
|
�������SECTION�27.��Section 487.058, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.058.��CONTRACT FOR ADMINISTRATIVE SERVICES. (a) � |
�
|
The department [office] shall enter into an interagency contract |
�
|
with another state agency to provide routine administrative |
�
|
services for the department [office]. |
�
|
�������(b)��The Legislative Budget Board and the Department of |
�
|
Information Resources shall: |
�
|
�������������(1)��evaluate and recommend the most efficient and |
�
|
appropriate ways to obtain the administrative services under |
�
|
Subsection (a); and |
�
|
�������������(2)��assist the department [office] with contracting |
�
|
and any other matters relating to obtaining the administrative |
�
|
services in the most efficient manner. |
�
|
�������SECTION�28.��Sections 487.059(c) and (e), Government Code, |
�
|
are amended to read as follows: |
�
|
�������(c)��If the executive director or another department |
�
|
[office] employee has a financial interest in an entity that |
�
|
applies for a monetary award, the executive director or employee: |
�
|
�������������(1)��shall, as soon as possible, disclose to the board |
�
|
the fact of the director's or employee's financial interest; |
�
|
�������������(2)��may not participate in staff evaluations regarding |
�
|
the monetary award; and |
�
|
�������������(3)��if the executive director or employee under |
�
|
department [office] procedures may vote, or make a recommendation |
�
|
concerning a vote, on a matter that involves the monetary award: |
�
|
�������������������(A)��shall disclose the fact of the director's or |
�
|
employee's financial interest before a vote on the monetary award, |
�
|
which the board or committee shall enter into the minutes of the |
�
|
meeting at which a vote on the monetary award is taken; and |
�
|
�������������������(B)��may not vote on or otherwise participate in a |
�
|
discussion or any other activity that relates to awarding the |
�
|
monetary award. |
�
|
�������(e)��Subsections (f) and (g) apply only to a member of the |
�
|
board or a committee who is employed by: |
�
|
�������������(1)��an entity that offers to enter into a contract with |
�
|
the department [office]; or |
�
|
�������������(2)��an entity that is under common ownership or |
�
|
governance with or otherwise affiliated with an entity that applies |
�
|
for a monetary award or offers to enter into a contract with the |
�
|
department [office]. |
�
|
�������SECTION�29.��Sections 487.060(b) and (d), Government Code, |
�
|
are amended to read as follows: |
�
|
�������(b)��To assist the secretary of state in preparing the report |
�
|
required under Section 405.021, the department [office] on a |
�
|
quarterly basis shall provide a report to the secretary of state |
�
|
detailing any projects funded by the department [office] that serve |
�
|
colonias by providing water or wastewater services, paved roads, or |
�
|
other assistance. |
�
|
�������(d)��The department [office] shall require an applicant for |
�
|
funds administered by the department [office] to submit to the |
�
|
department [office] a colonia classification number, if one exists, |
�
|
for each colonia that may be served by the project proposed in the |
�
|
application.��If a colonia does not have a classification number, |
�
|
the department [office] may contact the secretary of state or the |
�
|
secretary of state's representative to obtain a number.��On request |
�
|
of the department [office], the secretary of state or the secretary |
�
|
of state's representative shall assign a classification number. |
�
|
�������SECTION�30.��Section 487.061(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The department [office] shall establish a program to |
�
|
provide interested rural communities with: |
�
|
�������������(1)��general information about emergency services |
�
|
districts; |
�
|
�������������(2)��information and training related to the |
�
|
establishment of an emergency services district; and |
�
|
�������������(3)��technical assistance related to the |
�
|
implementation of an emergency services district. |
�
|
�������SECTION�31.��Section 487.102, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.102.��ADMINISTRATION. The department [office] |
�
|
shall administer or contract for the administration of the program. |
�
|
�������SECTION�32.��Section 487.104(b), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(b)��The selection committee shall make selections based on |
�
|
criteria approved by the board and adopted as a rule of the |
�
|
department [office]. |
�
|
�������SECTION�33.��Section 487.105(b), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(b)��If a person is neither a high school student nor an |
�
|
undergraduate student, the person must be eligible for |
�
|
participation in the competition under rules adopted by the |
�
|
department [office]. |
�
|
�������SECTION�34.��Section 487.109(d), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(d)��Any amount of loan principal or interest that is not |
�
|
forgiven under this section shall be repaid to the department |
�
|
[office] with reasonable collection fees in a timely manner as |
�
|
provided by board rule. |
�
|
�������SECTION�35.��Sections 487.110(b), (c), (d), and (e), |
�
|
Government Code, are amended to read as follows: |
�
|
�������(b)��The fund consists of legislative appropriations, gifts, |
�
|
grants, donations, the market value of in-kind contributions, and |
�
|
principal and interest payments on forgivable loans deposited to |
�
|
the credit of the fund by the department [office]. |
�
|
�������(c)��The department [office] shall administer the fund. |
�
|
�������(d)��The department [office] shall allocate the fund, as |
�
|
available, for forgivable loans under this subchapter. |
�
|
�������(e)��The department [office] shall deposit any principal and |
�
|
interest payments on forgivable loans to the credit of the fund. |
�
|
�������SECTION�36.��Section 487.111(b), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(b)��The department [office] shall require reports from |
�
|
students and postsecondary educational institutions as needed to |
�
|
monitor the program. After receiving any necessary releases as a |
�
|
condition of providing assistance, the department [office] shall |
�
|
distribute reports relating to the progress of an outstanding rural |
�
|
scholar to the community sponsoring the scholar. |
�
|
�������SECTION�37.��Section 487.151(4), Government Code, is amended |
�
|
to read as follows: |
�
|
�������������(4)��"Qualified area" means an area qualifying under |
�
|
the National Health Services Corps Community Scholarship Program or |
�
|
an area with similar characteristics as identified by the |
�
|
department [office]. |
�
|
�������SECTION�38.��Section 487.152, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.152.��ADMINISTRATION. (a) �The department [office] |
�
|
shall administer or contract for the administration of the program. |
�
|
�������(b)��The department [office] may solicit and accept gifts, |
�
|
grants, donations, and contributions to support the program. |
�
|
�������SECTION�39.��Section 487.153, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.153.��HEALTH CAREERS PROMOTION. The department |
�
|
[office] may establish a program to work with students, |
�
|
communities, and community-based organizations to encourage high |
�
|
school students to pursue health care professional careers. The |
�
|
department [office] shall give priority to working with communities |
�
|
and students in qualified areas. |
�
|
�������SECTION�40.��Section 487.158(b), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(b)��The contract must provide that if the student does not |
�
|
provide the required services to the community or provides those |
�
|
services for less than the required time, the student is personally |
�
|
liable to the state for: |
�
|
�������������(1)��the total amount of assistance the student |
�
|
receives from the department [office] and the sponsoring community; |
�
|
�������������(2)��interest on the total amount at a rate set by the |
�
|
board; and |
�
|
�������������(3)��the state's reasonable expenses incurred in |
�
|
obtaining payment, including reasonable attorney's fees. |
�
|
�������SECTION�41.��Sections 487.160(b), (c), (d), (e), and (f), |
�
|
Government Code, are amended to read as follows: |
�
|
�������(b)��The department [office] shall administer the fund. |
�
|
�������(c)��The fund consists of gifts, grants, donations, the |
�
|
market value of in-kind contributions, and principal and interest |
�
|
payments on forgivable loans deposited to the credit of the fund by |
�
|
the department [office]. |
�
|
�������(d)��The department [office] shall deposit any principal and |
�
|
interest payments on forgivable loans to the credit of the fund. |
�
|
�������(e)��The department [office] shall allocate the fund, as |
�
|
available, for forgivable loans and community repayment under this |
�
|
subchapter. |
�
|
�������(f)��Unless otherwise provided by the General Appropriations |
�
|
Act, the department [office] may use money appropriated to the |
�
|
department [office] to support the fund. |
�
|
�������SECTION�42.��Section 487.161(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The department [office] shall require reports from |
�
|
students, communities, and postsecondary educational institutions |
�
|
as needed to monitor the program. After receiving any necessary |
�
|
releases as a condition of providing assistance, the department |
�
|
[office] shall distribute reports relating to the progress of a |
�
|
student to the community sponsoring the student. |
�
|
�������SECTION�43.��Section 487.162, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.162.��PROGRAM PROMOTION. The department [office] |
�
|
shall provide postsecondary educational institutions and |
�
|
communities in qualified areas with information about health care |
�
|
careers and loan opportunities, including information on |
�
|
eligibility and availability of funds under this subchapter. |
�
|
�������SECTION�44.��Section 487.201(1), Government Code, is amended |
�
|
to read as follows: |
�
|
�������������(1)��"Medically underserved community" means: |
�
|
�������������������(A)��a community located in an area in this state |
�
|
with a medically underserved population; |
�
|
�������������������(B)��a community located in an area in this state |
�
|
designated by the United States secretary of health and human |
�
|
services as an area with a shortage of personal health services; |
�
|
�������������������(C)��a population group designated by the United |
�
|
States secretary of health and human services as having a shortage |
�
|
of personal health services; |
�
|
�������������������(D)��a community designated under state or federal |
�
|
law as a medically underserved community; or |
�
|
�������������������(E)��a community that the department [office] |
�
|
considers to be medically underserved based on relevant |
�
|
demographic, geographic, and environmental factors. |
�
|
�������SECTION�45.��Sections 487.202(b) and (d), Government Code, |
�
|
are amended to read as follows: |
�
|
�������(b)��A medically underserved community may sponsor a |
�
|
physician who has completed a primary care residency program and |
�
|
has agreed to provide primary care in the community by contributing |
�
|
start-up money for the physician and having that contribution |
�
|
matched wholly or partly by state money appropriated to the |
�
|
department [office] for that purpose. |
�
|
�������(d)��The department [office] may not pay more than $25,000 to |
�
|
a community in a fiscal year unless the board makes a specific |
�
|
finding of need by the community. |
�
|
�������SECTION�46.��Section 487.203, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.203.��ELIGIBILITY. �To be eligible to receive money |
�
|
from the department [office], a medically underserved community |
�
|
must: |
�
|
�������������(1)��apply for the money; and |
�
|
�������������(2)��provide evidence satisfactory to the board that it |
�
|
has entered into an agreement with a physician for the physician to |
�
|
provide primary care in the community for at least two years. |
�
|
�������SECTION�47.��Section 487.204, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.204.��RULES. �The board shall adopt rules necessary |
�
|
for the administration of this subchapter, including rules |
�
|
addressing: |
�
|
�������������(1)��eligibility criteria for a medically underserved |
�
|
community; |
�
|
�������������(2)��eligibility criteria for a physician; |
�
|
�������������(3)��minimum and maximum community contributions to the |
�
|
start-up money for a physician to be matched with state money; |
�
|
�������������(4)��conditions under which state money must be repaid |
�
|
by a community or physician; |
�
|
�������������(5)��procedures for disbursement of money by the |
�
|
department [office]; |
�
|
�������������(6)��the form and manner in which a community must make |
�
|
its contribution to the start-up money; and |
�
|
�������������(7)��the contents of an agreement to be entered into by |
�
|
the parties, which must include at least: |
�
|
�������������������(A)��a credit check for an eligible physician; and |
�
|
�������������������(B)��community retention of interest in any |
�
|
property, equipment, or durable goods for seven years. |
�
|
�������SECTION�48.��Section 487.252(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The board shall establish a program in the department |
�
|
[office] to assist communities in recruiting and retaining |
�
|
physicians to practice in medically underserved areas. |
�
|
�������SECTION�49.��Section 487.253, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.253.��ADMINISTRATION. (a) �The board shall adopt |
�
|
rules necessary to administer this subchapter, and the department |
�
|
[office] shall administer the program in accordance with those |
�
|
rules. |
�
|
�������(b)��The department [office] may not spend for the |
�
|
department's [office's] administrative costs in administering the |
�
|
program more than 10 percent of the amount appropriated to |
�
|
implement this subchapter. |
�
|
�������SECTION�50.��Section 487.254(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The department [office] may award a stipend to a |
�
|
physician under this subchapter if the physician enters into a |
�
|
written contract to provide services in a medically underserved |
�
|
area for at least one year for each year that the physician receives |
�
|
the stipend. |
�
|
�������SECTION�51.��Sections 487.255(a) and (b), Government Code, |
�
|
are amended to read as follows: |
�
|
�������(a)��The department [office] shall award stipends to |
�
|
physicians for one-year periods. A stipend awarded under this |
�
|
subchapter may not exceed $15,000 each year. |
�
|
�������(b)��The department [office] may renew a stipend used to |
�
|
assist a particular physician. |
�
|
�������SECTION�52.��Section 487.256, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.256.��FUNDING. The department [office] may seek, |
�
|
receive, and spend money received through an appropriation, grant, |
�
|
donation, or reimbursement from any public or private source to |
�
|
implement this subchapter. |
�
|
�������SECTION�53.��Section 487.302, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.302.��POWERS OF DEPARTMENT [OFFICE]. In |
�
|
administering this subchapter, the department [office] may: |
�
|
�������������(1)��enter into and enforce contracts and execute and |
�
|
deliver conveyances and other instruments necessary to make and |
�
|
administer grants, loans, and loan guarantees under this |
�
|
subchapter; |
�
|
�������������(2)��employ personnel and counsel necessary to |
�
|
implement this subchapter and pay them from money appropriated for |
�
|
that purpose; |
�
|
�������������(3)��impose and collect reasonable fees and charges in |
�
|
connection with grants, loans, and loan guarantees made under this |
�
|
subchapter and provide reasonable penalties for delinquent payment |
�
|
of fees, charges, or loan repayments; |
�
|
�������������(4)��take and enforce a mortgage or appropriate |
�
|
security interest in real or personal property that a loan |
�
|
recipient acquires with the proceeds of a loan made under this |
�
|
subchapter; and |
�
|
�������������(5)��adopt rules necessary to implement the grant, |
�
|
loan, and loan guarantee program. |
�
|
�������SECTION�54.��Section 487.303(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The department [office] may use money appropriated to |
�
|
the department [office] under Section 403.1065 to make a grant or |
�
|
low-interest loan to, or guarantee a loan for, a public or nonprofit |
�
|
hospital located in a rural county. |
�
|
�������SECTION�55.��Section 487.304, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.304.��ELIGIBILITY FOR GRANT, LOAN, OR LOAN |
�
|
GUARANTEE; INTEREST RATE. (a) �The department [office] shall adopt |
�
|
rules that establish eligibility criteria for receiving a grant, |
�
|
loan, or loan guarantee under this subchapter. |
�
|
�������(b)��The rules must state generally the factors the |
�
|
department [office] will consider in determining whether an |
�
|
applicant should receive a grant, loan, or loan guarantee. The |
�
|
rules must consider at least the financial need of the applicant, |
�
|
the health care needs of the rural area served by the applicant, and |
�
|
the probability that the applicant will effectively and efficiently |
�
|
use the money obtained through the grant, loan, or loan guarantee to |
�
|
meet the health care needs of the rural area served by the |
�
|
applicant. |
�
|
�������(c)��The rules must state generally the factors the |
�
|
department [office] will consider in determining the extent to |
�
|
which the interest rate on a loan should be below market rates. |
�
|
�������SECTION�56.��Section 487.351, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.351.��ADMINISTRATION OF COMMUNITY DEVELOPMENT |
�
|
BLOCK GRANT PROGRAM; ALLOCATION OF FUNDS. (a) �The department |
�
|
[office] shall, under the Omnibus Budget Reconciliation Act of 1981 |
�
|
(Pub.L. No. 97-35) and 24 CFR, Part 570, Subpart I, administer the |
�
|
state's allocation of federal funds provided under the community |
�
|
development block grant nonentitlement program authorized by Title |
�
|
I of the Housing and Community Development Act of 1974 (42 U.S.C. |
�
|
Section 5301 et seq.). |
�
|
�������(b)��Community development block grant program funds shall |
�
|
be allocated to eligible counties and municipalities under |
�
|
department [office] rules. |
�
|
�������(c)��The department [office] shall give priority to eligible |
�
|
activities in the areas of economic development, community |
�
|
development, rural health, and rural housing to support workforce |
�
|
development in awarding funding for community development block |
�
|
grant programs. |
�
|
�������SECTION�57.��Section 487.352, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.352.��TRANSFER OF FEDERAL FUNDS. (a) �The |
�
|
department [office] may enter into an interagency agreement with |
�
|
the Department of Agriculture to reimburse the Department of |
�
|
Agriculture for providing on behalf of the department [office] |
�
|
marketing, underwriting, and any other services on the portion of |
�
|
the federal community development block grant funds allocated by |
�
|
the department [office] for economic development activities. |
�
|
�������(b)��The department [office] shall allocate not more than 20 |
�
|
percent of the federal funds received by the department [office] to |
�
|
the Department of Agriculture to be used for economic development |
�
|
activities. |
�
|
�������(c)��The department [office] shall allocate not more than |
�
|
five percent of the funds allocated to the Department of |
�
|
Agriculture under Subsection (b) to be used for county economic and |
�
|
management development. |
�
|
�������(d)��The department [office] shall monitor the activities |
�
|
undertaken by the Department of Agriculture under this section. |
�
|
�������SECTION�58.��Section 487.353(i), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(i)��The committee shall: |
�
|
�������������(1)��consult with and advise the executive director on |
�
|
the administration and enforcement of the community development |
�
|
block grant program; and |
�
|
�������������(2)��in consultation with the executive director and |
�
|
department [office] staff, review and approve grant and loan |
�
|
applications and associated funding awards of eligible counties and |
�
|
municipalities and advise and assist the executive director |
�
|
regarding the allocation of program funds to those applicants. |
�
|
�������SECTION�59.��Section 487.354, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.354.��FINANCIAL ASSISTANCE FOR INSTALLATION OF |
�
|
STREET LIGHTS IN COLONIAS. (a) �In this section, "colonia" means an |
�
|
identifiable unincorporated community, or an identifiable |
�
|
community annexed by a municipality and eligible for assistance as |
�
|
described by Section 43.907(b), Local Government Code, that: |
�
|
�������������(1)��is located within 150 miles of the international |
�
|
border of this state in a county that is eligible to receive |
�
|
financial assistance from the community development block grant |
�
|
colonia fund under this subchapter, as identified by department |
�
|
[office] rule; |
�
|
�������������(2)��is determined by the department [office] to be a |
�
|
colonia on the basis of objective criteria, including lack of |
�
|
potable water supply, lack of adequate sewage systems, and lack of |
�
|
decent, safe, and sanitary housing; and |
�
|
�������������(3)��was in existence and generally recognized as a |
�
|
colonia before November 28, 1990. |
�
|
�������(b)��The department [office] shall adopt a rule requiring a |
�
|
political subdivision that receives community development block |
�
|
grant program money targeted toward street improvement projects to |
�
|
allocate not less than five percent but not more than 15 percent of |
�
|
the total amount of targeted money to providing financial |
�
|
assistance to colonias within the political subdivision to enable |
�
|
the installation of adequate street lighting in those colonias if |
�
|
street lighting is absent or needed. |
�
|
�������SECTION�60.��Section 487.401(b), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(b)��At the hospital's request, the department [office] |
�
|
shall designate the hospital as a rural hospital if the hospital |
�
|
meets the requirements for a rural hospital under the board's |
�
|
rules. |
�
|
�������SECTION�61.��Section 487.452(b), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(b)��In connection with the program, the department [office] |
�
|
shall establish and maintain an updated medical resource library |
�
|
that contains information relating to medical careers. The |
�
|
department [office] shall make the library available to school |
�
|
counselors, students, and parents of students. |
�
|
�������SECTION�62.��Section 487.453, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.453.��ADMINISTRATION. (a) �The department [office] |
�
|
shall administer or contract for the administration of the program. |
�
|
�������(b)��The department [office] may solicit and accept gifts, |
�
|
grants, donations, and contributions to support the program. |
�
|
�������(c)��The department [office] may administer the program in |
�
|
cooperation with other public and private entities. |
�
|
�������(d)��The department [office], in consultation with Area |
�
|
Health Education Center Programs, shall coordinate the program with |
�
|
similar programs, including programs relating to workforce |
�
|
development, scholarships for education, and employment of |
�
|
students, that are administered by other agencies, such as the |
�
|
Texas Workforce Commission and local workforce development boards. |
�
|
�������SECTION�63.��Section 487.501(1), Government Code, is amended |
�
|
to read as follows: |
�
|
�������������(1)��"Rural community" means a rural area as defined by |
�
|
the department [office]. |
�
|
�������SECTION�64.��Section 487.502, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.502.��GIFTS AND GRANTS. The department [office] |
�
|
may accept gifts, grants, and donations to support the rural |
�
|
physician recruitment program. |
�
|
�������SECTION�65.��Section 487.503(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The department [office] shall establish a process in |
�
|
consultation with the Texas Higher Education Coordinating Board for |
�
|
selecting Texas medical schools to recruit students from rural |
�
|
communities and encourage them to return to rural communities to |
�
|
practice medicine. |
�
|
�������SECTION�66.��Section 487.551(2), Government Code, is amended |
�
|
to read as follows: |
�
|
�������������(2)��"Medically underserved community" means a |
�
|
community that: |
�
|
�������������������(A)��is located in a county with a population of |
�
|
50,000 or less; |
�
|
�������������������(B)��has been designated under state or federal |
�
|
law as: |
�
|
�������������������������(i)��a health professional shortage area; or |
�
|
�������������������������(ii)��a medically underserved area; or |
�
|
�������������������(C)��has been designated as a medically |
�
|
underserved community by the department [office]. |
�
|
�������SECTION�67.��Section 487.552, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.552.��ADVISORY PANEL. The department [office] |
�
|
shall appoint an advisory panel to assist in the department's |
�
|
[office's] duties under this subchapter. The advisory panel must |
�
|
consist of at least: |
�
|
�������������(1)��one representative from the Texas Higher Education |
�
|
Coordinating Board; |
�
|
�������������(2)��one representative from the institutions of higher |
�
|
education having degree programs for the health professions |
�
|
participating in the programs under this subchapter; |
�
|
�������������(3)��one representative from a hospital in a medically |
�
|
underserved community; |
�
|
�������������(4)��one physician practicing in a medically |
�
|
underserved community; |
�
|
�������������(5)��one health professional, other than a physician, |
�
|
practicing in a medically underserved community; and |
�
|
�������������(6)��one public representative who resides in a |
�
|
medically underserved community. |
�
|
�������SECTION�68.��Section 487.553, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.553.��LOAN REIMBURSEMENT PROGRAM. �The board shall |
�
|
establish a program in the department [office] to assist |
�
|
communities in recruiting health professionals to practice in |
�
|
medically underserved communities by providing loan reimbursement |
�
|
for health professionals who serve in those communities. |
�
|
�������SECTION�69.��Section 487.554(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The board shall establish a program in the department |
�
|
[office] to assist communities in recruiting health professionals |
�
|
to practice in medically underserved communities by providing a |
�
|
stipend to health professionals who agree to serve in those |
�
|
communities. |
�
|
�������SECTION�70.��Sections 487.555(b), (c), and (e), Government |
�
|
Code, are amended to read as follows: |
�
|
�������(b)��A student in a degree program preparing to become a |
�
|
health professional may contract with the department [office] for |
�
|
the loan reimbursement program under Section 487.553 before |
�
|
obtaining the license required to become a health professional. |
�
|
�������(c)��The department [office] may contract with a health |
�
|
professional for part-time services under the stipend program |
�
|
established under Section 487.554. |
�
|
�������(e)��A contract under this section must provide that a health |
�
|
professional who does not provide the required services to the |
�
|
community or provides those services for less than the required |
�
|
time is personally liable to the state for: |
�
|
�������������(1)��the total amount of assistance the health |
�
|
professional received from the department [office] and the |
�
|
medically underserved community; |
�
|
�������������(2)��interest on the amount under Subdivision (1) at a |
�
|
rate set by the board; |
�
|
�������������(3)��the state's reasonable expenses incurred in |
�
|
obtaining payment, including reasonable attorney's fees; and |
�
|
�������������(4)��a penalty as established by the board by rule to |
�
|
help ensure compliance with the contract. |
�
|
�������SECTION�71.��The heading to Section 487.556, Government |
�
|
Code, is amended to read as follows: |
�
|
�������Sec.�487.556.��POWERS AND DUTIES OF DEPARTMENT [OFFICE]. |
�
|
�������SECTION�72.��Section 487.556(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The board shall adopt rules necessary for the |
�
|
administration of this subchapter, including guidelines for: |
�
|
�������������(1)��developing contracts under which loan |
�
|
reimbursement or stipend recipients provide services to qualifying |
�
|
communities; |
�
|
�������������(2)��identifying the duties of the state, state agency, |
�
|
loan reimbursement or stipend recipient, and medically underserved |
�
|
community under the loan reimbursement or stipend contract; |
�
|
�������������(3)��determining a rate of interest to be charged under |
�
|
Section 487.555(e)(2); |
�
|
�������������(4)��ensuring that a loan reimbursement or stipend |
�
|
recipient provides access to health services to participants in |
�
|
government-funded health benefits programs in qualifying |
�
|
communities; |
�
|
�������������(5)��encouraging the use of telecommunications or |
�
|
telemedicine, as appropriate; |
�
|
�������������(6)��prioritizing the provision of loan reimbursements |
�
|
and stipends to health professionals who are not eligible for any |
�
|
other state loan forgiveness, loan repayment, or stipend program; |
�
|
�������������(7)��prioritizing the provision of loan reimbursements |
�
|
and stipends to health professionals who are graduates of health |
�
|
professional degree programs in this state; |
�
|
�������������(8)��encouraging a medically underserved community |
�
|
served by a loan reimbursement or stipend recipient to contribute |
�
|
to the cost of the loan reimbursement or stipend when making a |
�
|
contribution is feasible; and |
�
|
�������������(9)��requiring a medically underserved community |
�
|
served by a loan reimbursement or stipend recipient to assist the |
�
|
department [office] in contracting with the loan reimbursement or |
�
|
stipend recipient who will serve that community. |
�
|
�������SECTION�73.��Sections 487.559(a) and (c), Government Code, |
�
|
are amended to read as follows: |
�
|
�������(a)��The department [office] may administer the permanent |
�
|
endowment fund for the rural communities health care investment |
�
|
program. If the department [office] elects not to administer the |
�
|
fund, the comptroller shall administer the fund. |
�
|
�������(c)��The comptroller or the department [office] may solicit |
�
|
and accept gifts and grants to the fund. |
�
|
�������SECTION�74.��Section 487.560, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.560.��REPORTING REQUIREMENT. The department |
�
|
[office] shall provide a report on the permanent endowment fund for |
�
|
the rural communities health care investment program to the |
�
|
Legislative Budget Board not later than November 1 of each year. |
�
|
The report must include the total amount of money the department |
�
|
[office] received from the fund, the purpose for which the money was |
�
|
used, and any additional information that may be requested by the |
�
|
Legislative Budget Board. |
�
|
�������SECTION�75.��Section 487.601(3), Government Code, is amended |
�
|
to read as follows: |
�
|
�������������(3)��"Rural" means: |
�
|
�������������������(A)��a community located in a county with a |
�
|
population not greater than 50,000; |
�
|
�������������������(B)��an area designated under state or federal law |
�
|
as: |
�
|
�������������������������(i)��a health professional shortage area; or |
�
|
�������������������������(ii)��a medically underserved area; or |
�
|
�������������������(C)��a medically underserved community designated |
�
|
by the department [office]. |
�
|
�������SECTION�76.��Section 487.602, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.602.��RURAL PHYSICIAN RELIEF PROGRAM. The |
�
|
department [office] shall create a program to provide affordable |
�
|
relief services to rural physicians practicing in the fields of |
�
|
general family medicine, general internal medicine, and general |
�
|
pediatrics to facilitate the ability of those physicians to take |
�
|
time away from their practice. |
�
|
�������SECTION�77.��Section 487.603, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.603.��FEES. (a) �The department [office] shall |
�
|
charge a fee for rural physicians to participate in the program. |
�
|
�������(b)��The fees collected under this section shall be deposited |
�
|
in a special account in the general revenue fund that may be |
�
|
appropriated only to the department [office] for administration of |
�
|
this subchapter. |
�
|
�������SECTION�78.��Section 487.604, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.604.��FUNDING. The department [office] may solicit |
�
|
and accept gifts, grants, donations, and contributions to support |
�
|
the program. |
�
|
�������SECTION�79.��Section 487.605, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.605.��RELIEF PHYSICIAN'S EXPENSES. The department |
�
|
[office] shall pay a physician providing relief under the program |
�
|
using fees collected by the center. |
�
|
�������SECTION�80.��Section 487.606, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.606.��PRIORITY ASSIGNMENT OF RELIEF PHYSICIANS. |
�
|
(a)��The department [office] shall assign physicians to provide |
�
|
relief to a rural area in accordance with the following priorities: |
�
|
�������������(1)��solo practitioners; |
�
|
�������������(2)��counties that have fewer than seven residents per |
�
|
square mile; |
�
|
�������������(3)��counties that have been designated under federal |
�
|
law as a health professional shortage area; |
�
|
�������������(4)��counties that do not have a hospital; and |
�
|
�������������(5)��counties that have a hospital but do not have a |
�
|
continuously staffed hospital emergency room. |
�
|
�������(b)��In determining where to assign relief physicians, the |
�
|
department [office] shall consider the number of physicians in the |
�
|
area available to provide relief services and the distance in that |
�
|
area to the nearest physician who practices in the same specialty. |
�
|
�������(c)��At the request of the department [office], residency |
�
|
program directors may assist the department [office] in |
�
|
coordinating the assignment of relief physicians. |
�
|
�������SECTION�81.��Section 487.607, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.607.��RELIEF PHYSICIAN RECRUITMENT. The department |
�
|
[office] shall actively recruit physicians to participate in the |
�
|
program as relief physicians. The department [office] shall |
�
|
concentrate on recruiting physicians involved in an accredited |
�
|
residency program in general pediatrics, general internal |
�
|
medicine, and general family medicine, physicians registered on the |
�
|
department's [office's] locum tenens registry, physicians employed |
�
|
at a medical school, and physicians working for private locum |
�
|
tenens groups. |
�
|
�������SECTION�82.��Section 487.608(b), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(b)��The advisory committee shall assist the department |
�
|
[office] in administering the program. |
�
|
�������SECTION�83.��Section 487.653, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.653.��REPORT TO LEGISLATURE. �Not later than |
�
|
January 1 of each odd-numbered year, the department [office] shall |
�
|
submit to the legislature a report detailing the grant activities |
�
|
of the program and grant recipients.��The report must include: |
�
|
�������������(1)��the criteria used to quantify the effect grant |
�
|
funds had in advancing telecommunications connectivity and |
�
|
technology; |
�
|
�������������(2)��data and performance measures used to quantify the |
�
|
achievement of program objectives; and |
�
|
�������������(3)��a description of and results from a grant |
�
|
monitoring risk assessment and on-site review process. |
�
|
�������SECTION�84.��Section 487.701, Government Code, as |
�
|
transferred, redesignated, and amended by Chapter 542 (S.B. 1128), |
�
|
Acts of the 80th Legislature, Regular Session, 2007, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.701.��CREATION OF FOUNDATION. (a) �The department |
�
|
[Office of Rural Community Affairs] shall establish the Texas Rural |
�
|
Foundation as a nonprofit corporation that complies with the Texas |
�
|
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's |
�
|
Texas Civil Statutes), except as otherwise provided by this |
�
|
chapter, and qualifies as an organization exempt from federal |
�
|
income tax under Section 501(c)(3), Internal Revenue Code of 1986, |
�
|
as amended. |
�
|
�������(b)��The department [Office of Rural Community Affairs] |
�
|
shall ensure that the Texas Rural Foundation operates independently |
�
|
of any state agency or political subdivision of the state. |
�
|
�������SECTION�85.��Section 487.702(c), Government Code, as |
�
|
transferred, redesignated, and amended by Chapter 542 (S.B. 1128), |
�
|
Acts of the 80th Legislature, Regular Session, 2007, is amended to |
�
|
read as follows: |
�
|
�������(c)��The Texas Rural Foundation shall develop and implement |
�
|
policies and procedures that clearly separate the responsibilities |
�
|
and activities of the foundation from the department [Office of
|
�
|
Rural Community Affairs]. |
�
|
�������SECTION�86.��Section 487.703(a), Government Code, as |
�
|
transferred, redesignated, and amended by Chapter 542 (S.B. 1128), |
�
|
Acts of the 80th Legislature, Regular Session, 2007, is amended to |
�
|
read as follows: |
�
|
�������(a)��The Texas Rural Foundation is governed by a board of an |
�
|
odd number of at least nine and not more than 15 directors appointed |
�
|
by the board of the department [Office of Rural Community Affairs]. |
�
|
�������SECTION�87.��Section 487.705(c), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(c)��If the executive director of the department [Office of
|
�
|
Rural Community Affairs] has knowledge that a potential ground for |
�
|
removal exists, the executive director shall notify the presiding |
�
|
officer of the board of directors of the Texas Rural Foundation of |
�
|
the potential ground.��The presiding officer shall then notify the |
�
|
governor and the attorney general that a potential ground for |
�
|
removal exists.��If the potential ground for removal involves the |
�
|
presiding officer, the executive director shall notify the next |
�
|
highest ranking officer of the board of directors, who shall then |
�
|
notify the governor and the attorney general that a potential |
�
|
ground for removal exists. |
�
|
�������SECTION�88.��Section 487.710, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.710.��MEMORANDUM OF UNDERSTANDING.��The Texas |
�
|
Rural Foundation and the department [Office of Rural Community
|
�
|
Affairs] shall enter into a memorandum of understanding that: |
�
|
�������������(1)��requires the board of directors and staff of the |
�
|
foundation to report to the executive director and board of the |
�
|
department [Office of Rural Community Affairs]; |
�
|
�������������(2)��allows the department [Office of Rural Community
|
�
|
Affairs] to provide staff functions to the foundation; |
�
|
�������������(3)��allows the department [Office of Rural Community
|
�
|
Affairs] to expend funds on the foundation; and |
�
|
�������������(4)��outlines the financial contributions to be made to |
�
|
the foundation from funds obtained from grants and other sources. |
�
|
�������SECTION�89.��Section 487.711(a), Government Code, is amended |
�
|
to read as follows: |
�
|
�������(a)��The Texas Rural Foundation shall maintain financial |
�
|
records and reports independently from those of the department |
�
|
[Office of Rural Community Affairs]. |
�
|
�������SECTION�90.��Section 487.712, Government Code, is amended to |
�
|
read as follows: |
�
|
�������Sec.�487.712.��REPORT TO DEPARTMENT [OFFICE OF RURAL
|
�
|
COMMUNITY AFFAIRS].��Not later than the 60th day after the last day |
�
|
of the fiscal year, the Texas Rural Foundation shall submit to the |
�
|
department [Office of Rural Community Affairs] a report itemizing |
�
|
all income and expenditures and describing all activities of the |
�
|
foundation during the preceding fiscal year. |
�
|
�������SECTION�91.��Subchapter P, Chapter 487, Government Code, as |
�
|
added by Chapter 712 (H.B. 2235), Acts of the 80th Legislature, |
�
|
Regular Session, 2007, is relettered as Subchapter Q, Chapter 487, |
�
|
Government Code, and amended to read as follows: |
�
|
SUBCHAPTER Q [P]. RURAL TECHNOLOGY CENTER GRANT PROGRAM |
�
|
�������Sec.�487.751�[487.701].��DEFINITION. �In this subchapter, |
�
|
"rural county" means a county that has a population of not more than |
�
|
125,000. |
�
|
�������Sec.�487.752�[487.702].��GRANT PROGRAM. (a) �Subject to |
�
|
available funds, the department [office] shall establish a grant |
�
|
program under which the department [office] awards grants to public |
�
|
institutions of higher education, public high schools, and |
�
|
governmental entities located in a rural county for the development |
�
|
and operation of multi-institutional technology centers that |
�
|
provide: |
�
|
�������������(1)��community access to technology; |
�
|
�������������(2)��computer literacy programs; |
�
|
�������������(3)��educational programs designed to provide |
�
|
concurrent enrollment credit for high school students taking |
�
|
postsecondary courses in information and emerging technologies; |
�
|
�������������(4)��training for careers in technology-related fields |
�
|
and other highly skilled industries; and |
�
|
�������������(5)��technology-related continuing and adult education |
�
|
programs. |
�
|
�������(b)��The executive committee by rule shall establish: |
�
|
�������������(1)��eligibility criteria for grant applicants; |
�
|
�������������(2)��grant application procedures; |
�
|
�������������(3)��guidelines relating to grant amounts; |
�
|
�������������(4)��procedures for evaluating grant applications; and |
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|
�������������(5)��procedures for monitoring the use of grants |
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|
awarded under the program and for ensuring compliance with the |
�
|
conditions of a grant. |
�
|
�������Sec.�487.753�[487.703].��FUNDING. �The department [office] |
�
|
may seek, receive, and spend money received through an |
�
|
appropriation, grant, donation, or reimbursement from any public or |
�
|
private source to implement this subchapter. |
�
|
�������SECTION�92.��Section 490A.003(a), Government Code, is |
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|
amended to read as follows: |
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|
�������(a)��The founding members of the network are: |
�
|
�������������(1)��the Texas Cooperative Extension of The Texas A&M |
�
|
University System; |
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|
�������������(2)��the IC2 Institute at The University of Texas at |
�
|
Austin; |
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|
�������������(3)��the College of Agricultural Sciences and Natural |
�
|
Resources at Texas Tech University; |
�
|
�������������(4)��the Department of Agriculture; |
�
|
�������������(5)��the Texas Workforce Commission; |
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|
�������������(6)��the Texas Department [Office] of Rural [Community] |
�
|
Affairs; |
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|
�������������(7)��the Texas Center for Rural Entrepreneurship; |
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|
�������������(8)��the Texas Economic Development Council; |
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|
�������������(9)��CoSERVE at The University of Texas--Pan American; |
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|
�������������(10)��the office of external affairs at Texas Southern |
�
|
University; and |
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|
�������������(11)��the John F. Baugh Center for Entrepreneurship at |
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|
Baylor University. |
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|
�������SECTION�93.��Section 531.02172(b), Government Code, is |
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|
amended to read as follows: |
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|
�������(b)��The advisory committee must include: |
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|
�������������(1)��representatives of health and human services |
�
|
agencies and other state agencies concerned with the use of |
�
|
telemedical consultations in the Medicaid program and the state |
�
|
child health plan program, including representatives of: |
�
|
�������������������(A)��the commission; |
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|
�������������������(B)��the Department of State Health Services; |
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|
�������������������(C)��the Texas Department [Office] of Rural |
�
|
[Community] Affairs; |
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|
�������������������(D)��the Texas Department of Insurance; |
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|
�������������������(E)��the Texas Medical Board; |
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|
�������������������(F)��the Texas Board of Nursing; and |
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|
�������������������(G)��the Texas State Board of Pharmacy; |
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|
�������������(2)��representatives of health science centers in this |
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|
state; |
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|
�������������(3)��experts on telemedicine, telemedical |
�
|
consultation, and telemedicine medical services or telehealth |
�
|
services; and |
�
|
�������������(4)��representatives of consumers of health services |
�
|
provided through telemedical consultations and telemedicine |
�
|
medical services or telehealth services. |
�
|
�������SECTION�94.��Section 614.152(3), Government Code, as added |
�
|
by Chapter 1215 (H.B. 1915), Acts of the 80th Legislature, Regular |
�
|
Session, 2007, is amended to read as follows: |
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|
�������������(3)��"State fire agency" means the: |
�
|
�������������������(A)��firefighters' pension commissioner; |
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|
�������������������(B)��Texas Department [Office] of Rural |
�
|
[Community] Affairs; |
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|
�������������������(C)��service; |
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|
�������������������(D)��Texas Commission on Fire Protection; |
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|
�������������������(E)��Texas Engineering Extension Service of The |
�
|
Texas A&M University System; and |
�
|
�������������������(F)��Texas State Fire Marshal's Office of the |
�
|
Texas Department of Insurance. |
�
|
�������SECTION�95.��Section 772.011(b), Government Code, is amended |
�
|
to read as follows: |
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|
�������(b)��The work group is composed of the heads of the following |
�
|
agencies or their designees: |
�
|
�������������(1)��the Texas Department [Office] of Rural [Community] |
�
|
Affairs; |
�
|
�������������(2)��the Texas Department of Housing and Community |
�
|
Affairs; |
�
|
�������������(3)��the Texas Water Development Board; |
�
|
�������������(4)��the Texas Department of Transportation; |
�
|
�������������(5)��the Texas Commission on Environmental Quality; |
�
|
�������������(6)��the Texas Workforce Commission; |
�
|
�������������(7)��the Department of State Health Services; |
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|
�������������(8)��the Health and Human Services Commission; |
�
|
�������������(9)��the General Land Office; |
�
|
�������������(10)��the Texas Education Agency; |
�
|
�������������(11)��the Texas Economic Development and Tourism |
�
|
Office; |
�
|
�������������(12)��the [Texas] Office of State-Federal Relations; |
�
|
�������������(13)��the Texas Higher Education Coordinating Board; |
�
|
�������������(14)��the attorney general's office; |
�
|
�������������(15)��the secretary of state's office; |
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|
�������������(16)��the Department of Public Safety; and |
�
|
�������������(17)��the Railroad Commission of Texas. |
�
|
�������SECTION�96.��Section 775.002(d), Government Code, is amended |
�
|
to read as follows: |
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|
�������(d)��The following agencies shall designate an officer or |
�
|
employee of the agency to serve as the agency's liaison for colonia |
�
|
initiatives: |
�
|
�������������(1)��the office of the attorney general; |
�
|
�������������(2)��the Department of State Health Services; |
�
|
�������������(3)��the Texas Department of Housing and Community |
�
|
Affairs; |
�
|
�������������(4)��the Texas Commission on Environmental Quality; |
�
|
�������������(5)��the Texas Water Development Board; |
�
|
�������������(6)��the Texas Department [Office] of Rural [Community] |
�
|
Affairs; |
�
|
�������������(7)��the Office of State-Federal Relations; |
�
|
�������������(8)��the Texas Department of Insurance; and |
�
|
�������������(9)��the Texas Department of Transportation. |
�
|
�������SECTION�97.��Section 86.011, Health and Safety Code, is |
�
|
amended to read as follows: |
�
|
�������Sec.�86.011.��BREAST CANCER SCREENING. (a) �The Texas |
�
|
Department [Office] of Rural [Community] Affairs may provide for |
�
|
breast cancer screening in counties with a population of 50,000 or |
�
|
less. |
�
|
�������(b)��The Texas Department [Office] of Rural [Community] |
�
|
Affairs may provide the breast cancer screening through contracts |
�
|
with public or private entities to provide mobile units and on-site |
�
|
screening services. |
�
|
�������(c)��The Texas Department [Office] of Rural [Community] |
�
|
Affairs shall coordinate the breast cancer screening with programs |
�
|
administered by the Texas Cancer Council. |
�
|
�������SECTION�98.��Sections 775.083(a), (b), and (c), Health and |
�
|
Safety Code, are amended to read as follows: |
�
|
�������(a)��On or before January 1 of each year, a district shall |
�
|
file with the Texas Department [Office] of Rural [Community] |
�
|
Affairs an annual report that includes the following: |
�
|
�������������(1)��the district's name; |
�
|
�������������(2)��the name of each county in which the district is |
�
|
located; |
�
|
�������������(3)��the district's business address; |
�
|
�������������(4)��the name, mailing address, and term of office of |
�
|
each commissioner; |
�
|
�������������(5)��the name, mailing address, and term of office of |
�
|
the district's general manager, executive director, and fire chief; |
�
|
�������������(6)��the name of each legal counsel or other consultant |
�
|
for the district; and |
�
|
�������������(7)��the district's annual budget and tax rate for the |
�
|
preceding fiscal year. |
�
|
�������(b)��The Texas Department [Office] of Rural [Community] |
�
|
Affairs may not charge a fee for filing the report. |
�
|
�������(c)��The Texas Department [Office] of Rural [Community] |
�
|
Affairs shall develop and maintain an Internet-based system that |
�
|
enables: |
�
|
�������������(1)��a district to securely file the report and update |
�
|
the district's information; and |
�
|
�������������(2)��the public to view, in a searchable format, the |
�
|
reports filed by districts under this section. |
�
|
�������SECTION�99.��Sections 776.083(a), (b), and (c), Health and |
�
|
Safety Code, are amended to read as follows: |
�
|
�������(a)��On or before January 1 of each year, a district shall |
�
|
file with the Texas Department [Office] of Rural [Community] |
�
|
Affairs an annual report that includes the following: |
�
|
�������������(1)��the district's name; |
�
|
�������������(2)��the name of each county in which the district is |
�
|
located; |
�
|
�������������(3)��the district's business address; |
�
|
�������������(4)��the name, mailing address, and term of office of |
�
|
each commissioner; |
�
|
�������������(5)��the name, mailing address, and term of office of |
�
|
the district's general manager, executive director, and fire chief; |
�
|
�������������(6)��the name of each legal counsel or other consultant |
�
|
for the district; and |
�
|
�������������(7)��the district's annual budget and tax rate for the |
�
|
preceding fiscal year. |
�
|
�������(b)��The Texas Department [Office] of Rural [Community] |
�
|
Affairs may not charge a fee for filing the report. |
�
|
�������(c)��The Texas Department [Office] of Rural [Community] |
�
|
Affairs shall develop and maintain an Internet-based system that |
�
|
enables: |
�
|
�������������(1)��a district to securely file the report and update |
�
|
the district's information; and |
�
|
�������������(2)��the public to view, in a searchable format, the |
�
|
reports filed by districts under this section. |
�
|
�������SECTION�100.��Sections 204.104(b) and (c), Occupations Code, |
�
|
are amended to read as follows: |
�
|
�������(b)��The Texas Department [Office] of Rural [Community] |
�
|
Affairs shall establish policies for and adopt rules to administer |
�
|
the loan program. |
�
|
�������(c)��The physician assistant board shall authorize and the |
�
|
medical board shall transfer annually the funds designated under |
�
|
Subsection (a) to the Texas Department [Office] of Rural |
�
|
[Community] Affairs to administer the loan program. |
�
|
�������SECTION�101.��A reference in another law or administrative |
�
|
rule to the Office of Rural Community Affairs means the Texas |
�
|
Department of Rural Affairs. |
�
|
�������SECTION�102.��This Act takes effect September 1, 2009. |
� |
� |
� |
______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
� |
�
|
�������I certify that H.B. No. 1918 was passed by the House on April |
�
|
7, 2009, by the following vote:��Yeas 147, Nays 0, 1 present, not |
�
|
voting. |
�
|
|
�
|
______________________________ |
�
|
Chief Clerk of the House��� |
� |
� |
�
|
�������I certify that H.B. No. 1918 was passed by the Senate on May |
�
|
14, 2009, by the following vote:��Yeas 31, Nays 0. |
�
|
|
�
|
______________________________ |
�
|
Secretary of the Senate���� |
�
|
APPROVED:��_____________________ |
�
|
�������������������Date���������� |
�
|
� |
�
|
����������_____________________ |
�
|
�����������������Governor������� |